Judge Moody of the Middle District strikes class action allegations again stating, "[w]here the propriety of a class action procedure is plain from the initial pleadings, a district court may rule on this issue prior to the filing of a motion for class certification." read more

Eleventh Circuit Affirms That Inquiry Into Merits Is Appropriate To The Extent Necessary To Resolve Class Issues

January 27, 2012 8:38 AM | Posted by Morande, Dean | Permalink

In Coastal Neurology, Inc. v. State Farm Automobile Insurance Company, No. 10-15837 (11th Cir. Jan. 25, 2012) (unpublished), the Eleventh Circuit affirmed the district court’s order denying class certification. In doing so, the court made clear once again that, although a district court may not resolve the merits of a case in ruling on a Rule 23 motion, an inquiry into the merits may be necessary to determine whether Rule 23 has been met.

Note: Carlton Fields represented State Farm in this litigation. read more